What is an administrative recourse?

An administrative recourse is the judicial procedure through which a directly affected person asks the Court to review the legality of a decision, act or omission of a public authority. It is based on Article 146 of the Constitution and is heard by the Administrative Court.

Which decisions may be challenged?

The decision must constitute an executory administrative act: it must be issued by a body exercising public authority and produce direct legal effects. Examples may include:

  • dismissal, removal or a disciplinary sanction imposed on a public officer,
  • a reprimand, demotion, transfer or non-promotion, where it constitutes an executory act,
  • refusal, withdrawal or cancellation of a licence,
  • an administrative fine,
  • rejection of an application for a benefit, appointment or another administrative entitlement.

Not every decision of a government, municipal or other public body is an administrative act. In employment disputes, the employee’s legal status, the nature of the employment relationship and the power under which the decision was made must be examined. A private-law employment dispute may fall within the jurisdiction of the Industrial Disputes Tribunal or another competent court.

Who may file a recourse?

A person whose existing and personal legitimate interest is directly and adversely affected by the decision, act or omission.

What is the time limit?

As a general rule, a recourse must be filed within 75 days. A specific law may prescribe a different period. A letter, objection or hierarchical appeal does not automatically suspend the time limit unless the law expressly provides otherwise.

When does the 75-day period begin?

  • Where the decision is published: from its publication date.
  • Where the decision is not published: from the date on which it came to the affected person’s knowledge, usually through service or receipt.
  • In the case of an administrative omission: from the date on which the omission came to the affected person’s knowledge.
  • Where a specific law sets a different time limit: the special time limit applies.

What are the main grounds of challenge?

Possible grounds include lack of competence, breach of the right to be heard, inadequate reasoning, an error of law or fact, failure to conduct a proper inquiry, breach of equality or proportionality, and misuse or excess of power. The principles governing administrative action are also set out in the General Principles of Administrative Law Law 158(I)/1999.

What may the Court decide?

The Administrative Court may confirm the challenged act or annul it, in whole or in part. Following annulment, the administration must reconsider the matter in accordance with the legal and factual position existing at the relevant time and the Court’s judgment.

Practical first step

Keep the decision and proof of the date on which it was served or came to your knowledge. Collect the correspondence, applicable regulations, employment contract or appointment letter, and all documents relating to the procedure. Seek timely, individual legal advice so that jurisdiction, the applicable deadline and the available grounds of recourse can be assessed.

This article provides general information and does not constitute legal advice for any particular matter.